Federal Register / Vol. 72, No.
216 / Thursday, November 8, 2007 / Notices
lack of available data related to e-
business infrastructure investment.
Such data are critical for evaluating
productivity growth, changes in
industrial capacity, and current
economic developments. Rapid
advances in Information and
Communication Technology (ICT)
equipment have resulted in these assets
having short useful lives and being
replaced much more quickly than other
types of equipment. Companies are
expensing the full cost of such assets
during the current annual period rather
than capitalizing the value of such
assets and expensing the cost over two
or more years. In some cases this is due
not only to the short useful life of the
asset, but also to the fact that companies
have varying dollar levels for
capitalization.
The Annual Capital Expenditures
Survey (ACES) (OMB Project 0607–
0782) currently collects summary data
on business capital expenditures
annually and detailed data on types of
structures and equipment every five
years. The fact that the ACES program
does not include non-capitalized
expenditures for e-business
infrastructure and infrequently collects
detailed data on types of structures and
equipment creates serious data gaps. To
fill these gaps and as a supplement to
the ACES survey, the Census Bureau
created the Information and
Communication Technology Survey
(ICTS). The ICTS uses the ACES
sampling, follow-up and estimation
methodologies including mailing to the
same employer companies.
Data users tell us that they need
comprehensive and consistent data on
investment by all private nonfarm
businesses in capitalized and non-
capitalized ICT equipment and software.
The objectives of the ICTS are:
(a) To provide estimates of capitalized
and non-capitalized ICT equipment
expenditures for all private nonfarm
sectors of the economy at 3-digit and
selected 4-digit North American
Industry Classification System (NAICS)
levels;
(b) To base the survey on a probability
sample that yields measures of
statistical reliability of the survey
estimates;
(c) To establish an annual enterprise
level data series with the level of detail,
coverage and quality which was
previously unavailable;
(d) To provide detail data on
capitalized and non-capitalized ICT
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expenditures for estimating the national
income and product accounts,
estimating the productivity of U.S.
industries, evaluating fiscal and
monetary policy, and conducting
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63163
research using capitalized and non-
capitalized expenditures data; and
(e) To provide industry analysts with
necessary data for market analysis,
economic forecasting, product
development, and business planning.
This request is for a continuation of
a currently approved collection covering
the 2007–2009 ICTS (conducted in fiscal
years 2008–2010). The only change from
the previous ICTS is the incorporation
of the 2007 North American Industry
Classification System (NAICS) into the
2009 ICTS. For both the 2007 and 2008
ICTS, data will be collected and
published based on the 2002 NAICS.
Beginning with the 2009 ICTS, however,
we will collect and publish data based
on the 2007 NAICS. Industries will
comprise 3-digit and selected 4-digit
NAICS codes.
The annual ICTS survey collects data
on two categories of non-capitalized
expenses (purchases; and operating
leases and rental payments), for four
types of information and
communication technology equipment
and software (computers and peripheral
equipment; ICT equipment, excluding
computers and peripherals;
electromedical and electrotherapeutic
apparatus; and computer software,
including payroll associated with
software development). The survey also
collects capital expenditures data on the
four types of ICT equipment and
software cited above. Only nonfarm,
non-governmental companies,
organizations, and associations
operating in the United States are
included in this survey.
To collect data, the Census Bureau
will rely primarily on mail out/mail
back survey forms. Employer companies
will be mailed one of three forms based
on their diversity of operations, i.e. the
number of industries in which they
have payroll. All employer forms will
have the 3-digit or selected 4-digit
NAICS industries imprinted on the form
to minimize the need for industry self
coding. Companies will be asked to
report data for industries in which they
operate and incurred capitalized and
non-capitalized expenditures.
Companies that operate in only one
industry will receive an ICT–1(S) form.
These companies will not be asked to
report ICT expenditures by industry,
this will eliminate the need for industry
self coding. Companies that operate in
more than one, but less than nine
industries will receive an ICT–1(M)
form. Companies that operate in nine or
more industries will receive an ICT–1(L)
form.
The ICTS is an important part of the
Federal Government’s effort to improve
and supplement ongoing statistical
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programs. The Bureau of Economic
Analysis (BEA), Federal Reserve Board,
Bureau of Labor Statistics and industry
analysts use these data to evaluate
productivity and economic growth
prospects. In addition, the ICTS
provides improved source data
significant to BEA’s estimate of the
investment component of Gross
Domestic Product, capital stock
estimates, and capital flow tables. Other
Federal agencies, private industry
organizations, and academic researchers
use the survey results for analyzing and
studying: Past and current economic
performance; Short-term economic
forecasts; Productivity; Long-term
economic growth; Tax policy; Capacity
utilization; Business fixed capital stocks
and capital formation; International
competitiveness and trade policy;
Market research; and Financial analysis.
Affected Public: Business or other for-
profit organizations; Not-for-profit
institutions.
Frequency: Annually.
Respondent’s Obligation: Mandatory.
Legal Authority: Title 13 U.S.C.
Sections 182, 224 & 225.
OMB Desk Officer: Brian Harris-
Kojetin, (202) 395–7314.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266.
Department of Commerce, Room
6625, 14th and Constitution Avenue,
NW., Washington, DC 20230 (or via the
Internet at dhynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Brian Harris-Kojetin, OMB
Desk Officer either by fax (202–395–
7245) or e-mail (bharrisk@omb.eop.gov).
Dated: November 2, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–21947 Filed 11–7–07; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket Nos. 04–BIS–15]
In the Matters of: S.P. Equipamentos
de Protecao ao Trabalho Ltda., Rua
Visconde de Inhauma, 386–Saude
04146–030 Sao Paulo, Brazil,
Respondent; Decision and Order on
Petition to Set Aside Default Order
On February 26, 2007, the Acting
Under Secretary of Commerce for
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 63164 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices
Industry and Security issued a Final
Decision and Order, pursuant to his
authority under Section 766.22 of the
Export Administration Regulations
(hereinafter ‘‘Regulations’’), in which he
affirmed the findings of fact and
conclusions of law as recommended by
an Administrative Law Judge (ALJ) that
Respondent was in default on an
administrative proceedings initiated
against it under the Regulations.
Respondent has petitioned me to set
aside the default order using my
authority under Section 366.7(b) of the
Regulations. For the reasons stated
below, I grant the Petition.
The relevant facts in this matter are as
follows. In a charging letter filed on
September 13, 2004, the Bureau of
Industry and Security (‘‘BIS’’) alleged
that Respondent committed two
violations of the Regulations,1 issued
under the Export Administration Act of
1979, as amended (50 U.S.C. app 2401–
2420 (2000)).2
On September 13, 2004, BIS mailed
the notice of issuance of the charging
letter by registered to the Respondent at
its last known address. The file
indicates that the notice of issuance of
a charging letter was received by the
Respondent on or about September 24,
2004, and counsel, who no longer
represents the Respondent, filed a
Notice of Appearance on February 7,
2005. Respondent, or its former counsel,
did not file an answer to the charging
letter with the ALJ, as required by
Section 766.6 of the Regulations, but
there is evidence in the file that the
opposing counsel engaged in settlement
negotiations regarding these charges for
about one year before BIS filed a Motion
for Default Order on or about November
9, 2006. The former counsel for the
Respondent states in a declaration to
accompany this Petition that counsel
did not receive notice of the BIS
decision to file a Motion for Default
Order, nor was counsel served with the
motion that was filed.
On January 31, 2007, based on the
record before him, the ALJ issued a
recommended decision in which he
found that the Respondent was in
1 The violations charged occurred in 2002. The
Regulations governing the violations at issue are
found in the 2002 version of the Code of Federal
Regulations (15 CFR parts 730–774 (2002)). The
2007 Regulations establish the procedures that
apply to this matter.
2 50 U.S.C. app. §§ 2401–2420 (2000)). Since
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
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17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential
Notices, the most recent being that of August 15,
2007 (72 FR 46137 (Aug. 16, 2007)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘IEEPA’’).
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default. On February 26, 2007, the
Acting Under Secretary for Industry and
Security issued a Final Decision and
Order affirming the ALJ’s recommended
decision, and imposing a ten-year denial
of Respondent’s export privileges.
On September 7, 2007, Respondent
filed its Petition asserting among other
things, that good cause exists to set
aside the default. On October 24, 2007,
BIS filed a response to the Petition in
which it did not oppose the finding that
goop cause exists to set aside the
default.
The Regulations provide me with the
authority to set aside a default order.
Section 766.7(b)(1) of the Regulations
states: ‘‘[U]pon petition filed by a
respondent against whom a default
order has been issued, which petition is
accompanied by an answer meeting the
requirements of § 766.6(b) of this part,
the Under Secretary may, after giving all
parties an opportunity to comment, and
for good cause shown, set aside the
default and vacate the order entered
thereon and remand the matter to the
administrative law judge for further
proceedings.’’
The Petition and its supporting
materials justify a finding that good
cause exists to grant this Petition and
there is no opposition to this finding.
Accordingly, I find good cause has
been shown to set aside the Final
Decision and Order, dated February 26,
2007, and the Order is hereby vacated
and this matter is remanded to the ALJ
for further proceedings.
This Order, which constitutes the
final agency action on this Petition, is
effective immediately.
Dated: November 5, 2007.
Mario Mancuso,
Under Secretary for Industry and Security
[FR Doc. 07–5590 Filed 11–7–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
The President’s Export Council:
Meeting of the President’s Export
Council
AGENCY: International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
SUMMARY: The President’s Export
Council (PEC) will hold a full Council
meeting to discuss topics related to
export expansion. The meeting will
include discussion of trade priorities
and initiatives, PEC subcommittee
activity, and proposed letters of
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recommendation to the President. The
PEC was established on December 20,
1973, and reconstituted May 4, 1979, to
advise the President on matters relating
to U.S. trade. It was most recently
renewed by Executive Order 13446.
Date: December 4, 2007.
Time: 10 a.m. (EST).
Location: U.S. Department of
Commerce, Room 4830, 1401
Constitution Avenue, NW., Washington,
DC, 20230. Because of building security,
all non-government attendees must pre-
register. Please RSVP to the PEC
Executive Secretariat no later than
November 30, 2007, to J. Marc Chittum,
President’s Export Council, Room 4043,
1401 Constitution Avenue, NW.,
Washington, DC 20230, telephone (202)
482–1124, or e-mail
Marc.Chittum@mail.doc.gov.
This program will be physically
accessible to people with disabilities.
Seating is limited and will be on a first
come, first served basis. Requests for
sign language interpretation, other
auxiliary aids, or pre-registration,
should be submitted no later than June
1, 2007, to J. Marc Chittum, President’s
Export Council, Room 4043, 1401
Constitution Avenue, NW., Washington,
DC 20230, telephone (202) 482–1124, or
e-mail Marc.Chittum@mail.doc.gov.
FOR FURTHER INFORMATION, CONTACT: The
President’s Export Council Executive
Secretariat, Room 4043, Washington,
DC, 20230 (Phone: 202–482–1124), or
visit the PEC Web site, http://
www.trade.gov/pec.
Dated: November 1, 2007.
J. Marc Chittum,
Executive Secretary, President’s Export
Council.
[FR Doc. E7–21921 Filed 11–7–07; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Southwest Region
Gear Identification Requirements
AGENCY: National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
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